Filing RTPP Section 38 Appeals Against Unfair Bid Rejections

In government procurement, technical bids are often disqualified for subjective, ambiguous, or arbitrary reasons—such as overlooking valid statutory MSME exemptions or misinterpreting GSTIN HSN codes.

Under the laws of Rajasthan, a bidder is never at the arbitrary mercy of a procuring officer. Section 38 of the Rajasthan Transparency in Public Procurement (RTPP) Act 2012 creates a statutory, enforceable quasi-judicial appeal mechanism.

Grounds for Appeal

A bidder who has submitted a bid (or an aggrieved prospective bidder) may file an appeal on the following grounds:

1. Denial of Statutory Concessions: Wrongful refusal to recognize S.O. 134 turnover waivers or 0.5% MSME EMD concessions.
2. Restrictive / Tailor-Made Specifications: Tender specifications deliberately drafted to favor a single incumbent contractor in violation of Section 6.
3. Arbitrary Disqualification: Disqualification on trivial typographical errors or non-statutory criteria.
4. Breach of Integrity: Violations of the Code of Integrity prescribed under Section 11 of the Act.

Statutory Timeline & Limitation

• First Appeal (Section 38(1)): Must be filed within 10 days from the date of the order or decision of the procuring entity (e.g. publication of Technical Bid Evaluation Summary).
• First Appellate Authority: Designated in the tender document (typically the Secretary, Principal Secretary, Head of Department, or Registrar).
• Fee: Statutory appeal fee of ₹2,500 payable via Bank Draft or state treasury challan.
• Second Appeal (Section 38(4)): If the First Appellate Authority fails to dispose of the appeal within 30 days, or if the bidder is aggrieved by the First Appellate order, a Second Appeal lies within 15 days before the designated State Government Appellate Authority.

Mandatory Appeal Dossier (Form No. 1)

Every statutory appeal under RTPP Section 38 must be submitted in the prescribed Form No. 1 (Memorandum of Appeal) accompanied by:

1. Copy of the impugned rejection order / bid evaluation sheet.
2. Verified proof of submission of bid and compliance documents.
3. Concise statement of facts and legal grounds of appeal citing specific sections of the RTPP Act 2012.
4. Statutory fee demand draft.